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HomeMy WebLinkAbout7124 1051 104 4474tkek rnjroundadrv�v�cr� paoi j 61u# �&eb 014'1 b®•3 -�- aC1CJ 1 see. 02dfa--/1 & pi" Ylelig ffpev-•Qs ��d-a� w) Ili )j,; 40 Ali/leg7l ' CHECK BOXES AS COMPLETED ( ) Tape this form to outs','_ ^-F{RI'm ✓ ( ) Pull ZBA copy of ND i cQ c a O ( ) Check file boxes for pr rt CL 0 � I ( ) Assign next number of N i outside of file folder ° ( ) Date stamp entire ori m -n -0 W � N # file number m 0 G) Co ( ) Hole punch entire ori 0, - - (D o 0 0 X D (before sending to T. �;, w N 0- 0 rn ( ) Create new index car w o w Q ( ) Print contact info & t• r N I m CD ( ) Prepare transmittal t o W X- ( ) Send original applica CDo to Town Clerk —` CD "- W m ( ) Note inside file folde ^' < and tape to inside of � ( ) Copy County Tax Mam neighbors and AG to 3 � ( ) Make 7 copies and pt ( ) Do mailing label -4 N � 111-7 1_WKP JD1a.&1f7 2,(11 -7iSI-WI ►ofo2&//7 — f1 f3/17 X10/0JZ,(op-S ; Nn 467 2 i BOARD MEMBERS ®f S®vI, Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora - Office Location: Eric DantesA3 Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® _ a® 54375 Main Road(at Youngs Avenue) Nicholas Planamento �; C, Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064Q0 ,y j . FINDINGS,DELIBERATIONS AND DETERMINATION E B - 6 2018 MEETING OF FEBRUARY 1,2018 0 ZBA FILE: 7124 Scathold Town clerk NAME OF APPLICANT: Peter and Elaine Psyllos PROPERTY LOCATION: 2867 Ruth Road Extension,Mattituck,NY SCTM No. 1000-105.-2-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 14, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated December 19, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Furthermore, the LWRP policy cautions to avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. He described the two vegetated gullies with slopes equal to or greater than 20 percent that occur on the east and west sections of the property and warned that the 20 percent slopes on the east side of the property are closed to the proposed location of the swimming pool. He remarked that the bluff slope is vegetated and appears to be stable but cautions threat of future loss of property due to erosion and during storm events the threat increases. The coordinator recommends that the Board require that swimming pool be relocated further from the slopes for above described reasons. Based upon the amended application and the conditions imposed herein, the Board finds the proposed action CONSISTENT WITH THE LWRP. During the hearing the applicant presented an alternative plan showing the pool at a more conforming 75 foot bluff setback. The applicant further presented evidence that the bluff is in stable condition and testified that storm water runoff is not a problem in this area. The applicant also agreed to follow the recommendations of the Suffolk County Soil and Water Conservation District's letter dated November 13, 2017; thereby making the application consistent with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter from the agency, dated November 13, 2017, an inspection of the property was conducted on the same date. The Page 2,February 1, 2018 #7124, Psyllos SCTM No. 1000-105-2-1 agency found that the bluff area appeared to be stable and a dwelling fitted with gutters and downspouts which appear to discharge into drywells. The yard is equipped with an in-ground sprinkler system with two sprinklers installed 20 feet from the bluff face. The District recommends that all heavy machinery, equipment or supplies be stored and used a minimum of 25 feet setback from the bluff top edge, that the two sprinkler heads located at the tip of bluff face be removed and that the homeowner proceed with the addition of a proposed drywell to handle pool run off and drainage. TOWN OF SOUTHOLD OFFICE OF THE ENGINEER: This application was referred to an evaluation and recommendation to the Office of the Engineer. According to a letter from the department, dated January 29, 2018, several recommendations were listed for the applicant to follow in order to seek compliance with the Town Code and Chapter 236 for Stormwater Management. Furthermore, as required, the applicant should submit Stormwater Management Control Plans to the Engineering Department for review and approval prior to installation of the new work and related work. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 2.387 acre parcel located in the R-80 Zoning District 64,236.94 sq. ft. of which is located upland of the top of the bluff. The parcel measures 151.84 feet (actual) fronting the Long Island Sound fronting the northerly property line, measures 690.17 (actual) along the easterly property line, measures 200.00 feet fronting Luther's Road (Breakwater Road), along the southerly property line and measures 616.60 feet (actual) feet along the westerly property line. The property is improved with a two story home with an attached rear wood deck and a shed, as shown a survey prepared by Michael K. Wicks,L.S., last revised July 3, 2017. BASIS OF APPLICATION: Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's August 31, 2017 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at: 1) located less than the code required 100 feet from the top of the bluff; located at: 2886 Ruth Road Ext., (Adj. to the Long Island Sound)Mattituck, SCTM#1000-105-2-1. RELIEF REQUESTED: The applicant requests a variance to construct an in-ground swimming pool having a distance of 60.3 feet from the top of bluff where the code requires that structures be located no fewer than 100 feet from the top of bluff as shown on survey prepared by Michael K. Wicks,L.S., last revised July 3,2017. ADDITIONAL INFORMATION: A non jurisdiction letter dated November 10, 2017 was received by the applicant from the New York State Department of Conservation describing the agencies jurisdiction and applicant's responsibilities. At the hearing the Board asked the applicant's agent to provide comparable variances issued for in ground pools with a non-conforming distance to the top of bluff. On January 24, 2018,the agent hand delivered a letter outlining six determinations rendered in prior years as well as copies of the determinations. However, the comps provided were for properties located in Greenport and East Marion, and none were located within the subject community or in Mattituck. AMENDED APPLICATION: During the hearing, the applicant's agent submitted a set of aerial photographs depicting the coast lines/top of bluff distances of dwellings and accessory structures on neighboring parcels as well as the subject parcel. The applicant' agent also submitted an aerial photograph showing the proposed pool rotated at 90 degrees thereby increasing the bluff setback from the 60.3 foot, as applied for, to 75 feet, which is more conforming to the code. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 18, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 3, February 1, 2018 #7124,Psyllos SCTM No. 1000-105-2-1 and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance as amended will not produce undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family water front homes. A pool is a typical accessory use for a house in this neighborhood. The neighborhood is wooded and the property is on top of a high bluff. The pool will be private and will not be seen from the street or from the beach. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could put the pool at a conforming bluff setback. However,there is an existing sloped berm/hill directly on the seaward side of the applicant's home that is high enough to require steps down to the proposed flat location on the subject property. If the applicant were to construct the pool at a conforming setback, the applicant would have to alter the berm/hill which would involve require substantially more land disturbance and have more of an adverse environmental impact than in the proposed amended location. . 3. Town Law &267-b(3)(b)(3). The variance as applied for is mathematically substantial, representing 39.3% relief from the code. However, by turning the proposed swimming pool 90 degrees and placing it at 75 feet from the top of bluff, the variance, as amended is less substantial,representing 25%relief. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and must implement all the recommendations of the Suffolk County Soil and Water Conservation District, as conditioned herein. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, with the option of placing the pool further from the top of bluff, impacts resulting from granting a variance are minimized. 6.Town Law§267-b. Grant of a variance as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community., By siting the pool further from the top of bluff,the LWRP Coordinator's concerns will be addressed and the action is less inconsistent with LWRP policies RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Planamento, and duly carried,to GRANT the variance as AMENDED, and shown on aerial photograph submitted to this Board on January 18, 2018: SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit a signed/stamped revised survey showing the amended location of the in- ground swimming pool having a 75 foot distance from the top of bluff. Page 4,February 1, 2018 #7124, Psyllos SCTM No. 1000-105-2-1 2. The applicant shall implement all the recommendations set forth by Suffolk County Soil and Water Conservation District in their letter dated November 13,2017,as cited above. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. The existing gazebo must be moved to a code conforming bluff setback as per the applicant's plans. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson),Planamento, and Dantes(Member Acampora and Member Goehringer were absent). This Resolution was duly adopted(3-0) 1P�Zt��t� te/slie Kanes Weisman, Chairperson Approved for filing /2018 v BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �S®� ®�l�� 53095 Main Road- P.O. Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UN`N, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax (631)765-9064 EXTENSION DETERMINATION One Year Extension Regular Meeting of July 7, 2022 ZBA FILE: 7124 NAME OF APPLICANT: Peter and Elaine Psyllos PROPERTY LOCATION: 2867 Ruth Road Extension, Mattituck,NY SCTM No. 1000-105.-2-1 BASIS OF APPLICATION: Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's August 31, 2017 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at: 1) located less than the code required 100 feet from the top of the bluff, located at: 2886 Ruth Road Ext., (Adj. to the Long Island Sound)Mattituck, SCTM#1000-105-2-1. DATE OF PUBLIC HEARING: January 18,2018 This request for a variance was originally Granted as Amended with conditions on February 1, 2018. By letter, dated June 17, 2022, Bruce Anderson, Representative, on behalf of the applicant, requested two consecutive, one year extensions of the Variance Relief. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit a signed/stamped revised survey showing the amended location of the in-ground swimming pool having a 75-foot distance from the top of bluff. 2. The applicant shall implement all the recommendations set forth by Suffolk County Soil and Water Conservation District in their letter dated November 13, 2017, as cited above. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. The existing gazebo must be moved to a code conforming bluff setback as per the applicant's plans. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Acampora, and duly carried,to GRANT, the applicants' request that the above cited determination be extended for two years from February 1, 2021 to expire on February 1,2023 as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Planamento,Acampora, and Lehnert. This Resolut' was duly adopted (5-0) Nic o s anamento, Vice Chair Appr d for filing / /2022 Suffolk Environmental Consulting, Inc. Newman Village o Suite E o 2310 Main Street PO Box 2003 - Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President June 17, 2022 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: PSYLLOS Property—Request for Permit Este A76n Situate: 2867 Ruth Road Extension • Mattituck SCTM#: 1000— 105—02— 1 Decision#: 7124 t^t�11 ;1�0PAD OF AFt�Ep.L Z Dear Members of the Board, This Firm represents the owner of the above referenced property, who received zoning relief for a proposed swimming pool at the premises referenced ago. The Zoning Determination required that a Certificate of Occupancy be obtained within 3 years of the date of the Decision. Although the pool was constructed within the 3 years of the decision, the property owner is seeking to close out the permit with the Building Department. Accordingly, two consecutive one year extensions are requested. Please be advised that there has been no change to the environmental circumstances of the site nor of applicable statute. Thank you in advance for your anticipated cooperation. Yours truly, a Bruce A. Anderson CC. P. Psyllos { Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President HAND'DELIVERED �� �` �� D February 22,2018 , Southold Board of Zoning Appeals Southold Town Building Department Y'®® P.O. Box 1179 Southold, NY, 11971 Re: PSYLLOS Property Situate: 2867 Ruth Road Extension, Mattituck, NY SCTM#: 1000-105-2—1 Dear Members of the Board, Pursuant to condition of approval as stated in the(February 1,2018 variance determination, I enclose three copies of the survey prepared by Michael K.''Wicks last dated December 4,2017 which depicts the proposed 20 x 40' in-ground pool at 75 feet from the top of the bluff.The survey also depicts the gazebo to be relocated to a conforming location.The remaining conditions which include pool mechanicals placed within a sound deadening enclosure and implementation of the recommendations of the Suffolk County Soil and Water Conservation District as cited in their letter dated November 13,2017 are acceptable to the property owners and will be implemented. Yours truly, Bruce A.Anderson Cc. P. Psyllos LONG ISLAND SOUND M603400" 150.68 (DEED) SURVEYOFPROPERTY E � t` cv SITUATE b ANALLY) 5 go MATTITUCK � 15184 ( TOWN OF SOUTHOLD CVJ DT57'p5 58"E MEN+ 1 WA1FR SUFFOLK COUNTY, N.Y. 5go, W SURVEYED: DEC. 20, 2014 UPDATED: MAR. 20, 2017 CONTOURS/PROP. INFO: JULY 3, 2017 A REVISED: SEPT. 8, 2017 W ooi ADD. TOPO: DEC. 4, 2017 0 CO to - w - J_�. -C6AST vosl�HAZI�D LINE b L �m �h -n a LOT COVERAGE INFO: LOT AREA =103,956.94 SQ.FT. (2.387 ACRE(S)) AREA OF BEACH= 9,110 SQ.FT. _ AREA OF BLUFF= 30,610 SQ.FT. TOP � BUNT 41 W o TOTAL AREA= 39,720 SQ.FT. (38.2% OF LOT) o AREA OF UPLAND= 64,236.94 (61.8% OF LOT) ti -•uZ-1-f � � � ,� I EXISTING RESIDENCE= 3,765 SQ.FT. FLAG o W o PROPOSED POOL= 800 SQ.FT. p PROPOSED LOT COVERAGE OF UPLAND AREA= 4,565 SQ.FT. (6.9%) N $ q NOTES: � o �� ~ �L�wr BALES TO �y q q W �; USED DURING CONSTRUCTION 3 1. PROPERTY KNOWN AS TAX MAP# 1000-105-02-001 2. LOT AREA =103,956.94 SQ.FT. (2.387 ACRE(S)) LO / 81� 3. THIS SURVEY WAS PREPARED USING A TRIMBLE S3 ROBOTIC TOTAL STATION. 4. PROPERTY CORNER MONUMENTS WERE NOT SET AS 0 0 PART OF THIS SURVEY. 5. ELEVATIONS REFER TO THE NAVD88 DATUM. "I N W AREAL +' TD 00DE 6. PLAYGROUND NOT SHOWN OR GUARANTEED. FND.\ PROPOSED 2Ox4O zs -1 W GROUND POOL \,� - - II � At xr O / 135g1 3 z r i i 24.1 g00D DEG( (241 vi 4' 2'R y �~ 3 3 Gy 56.3 -2ND S.CK rc� / n WOOD F.'- �_ R NL1� Q v FENCE MASONRY y. RETAINING o A/C 0.3 WALL T 2.0 a 2 Story. N Fr. Res. m ass' .0 #2886 }�. 81144'DEEP 11 F.FL=141.64' " O; SFFIIC TANK wwt- 1. �•o _ � .. U BLEACFANC POOL. T 2 CAR •1 � w 0 GARAGE m � DREG( G.F.-132.2,V3 C 1 W►5• i� � 521' `2 R O ° MASONRY \ RETAINING DOVER y 9 WALLS coNc. N ,3 w� 'w .STANDARD NO s• � { 1. COPYRIGHT 2012 MICHAEL K WICKS LAND SURVEYING rn 1 A 2. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A v �^c'g11N• LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, p SUB-DIVISION 2, OF NEW YORK STATE EDUCATION LAW. w 0 3. ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYOR'S EMBOSSED SEAL > MAS. ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL y W WORK AND OPINION. 4. CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP J WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF p c J� PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE i 39.8' ASSOCIATION OF PROFESSIONAL LAND SURVEYORS, INC. THE CERTIFICATION IS LIMITED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP IS PREPARED, i 16• TO THE TITLE COMPANY, TO THE GOVERNMENTAL AGENCY, AND TO THE PIPE \\I? LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP, O SCC..RT ` ,y � ��� � ± 5. THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE. U w ^ Q 6. THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE y� WELL } N1 I L 1�y NOT o ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED. IF ANY UNDERGROUND WELL 1. [� L IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN, THE Q ` IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. 7. THE OFFSET OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO 7 60 J{ ��a THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE o BOX W �.L "'�^ ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCESRETAIN , ING WALLS, �C. `V, •,..�^'' POOLS, PATIOS PLANTING AREAS, ADDITIONS TO BUILDINGS, AND ANY OTHER = s•�� TYPE OF CONSTRUCTION. MACHINE ACCESS q� W b 1`g g6 a 0) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED 00 m ' OR EMBOSSED SEAL SHALL NOT BECONSIDERED TO BE A VALID COPY. i S66.O1'S0"1P ? � 50.00 i N �'" / FINIAL MAP c� �`��' BRICK � f��.A""•,,� � � :� o / PILLA AR " �i�/ `1153GI-K. ;M REVIEWED BY ZBAu r 6'x.68 l✓ SEE DE^'rSION # -7 T PAVDIfM � ti��. EMONFNU. A I" u -- % S66•01'50"W 100.00 DATEDc I_� I�Q.� �':�� � : LAND N/F OF MICHAEL L ,` #50390 JANE C. SHANNON N 0I RESIDENCE W/ WELL C12MICHAEL K. W IcKs U S.C.T.M.# 1000-106-01-1.12 Y so.1s LAND SURVEYING o 200 BELLE VIER' AVENUE, l� CENTER MORICHES, NEW YORK 11934 RUTH RD. N VOICE. 631.874.0156 - FAX. 631.909.3845 (50') RECORDS OF RICHARD C. DRAKE SCALE: SURVEYED BY: DRAWN BY: SHEET: 1"=40' B.W./J.W. W.C. 1 OF 1 U R A 111 1 1 11 DATED }. BOTTOM _ _ of BLUFF —` �, ...................................................... ..... COASTAL EROSION V.E.ZNE..IEL .S)........................................ HAZARD LINE ... O f..... ............... i� 1 APPROXIMATE ' 255.0' ± TOP of BLUFF ; ----------- / / 4 / 1i 175.0' +_ - -------------- - - - - - - PROPOSED N-4 -------------------- - POOL ggg , SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 - Bridgehampton - New York 11932 r 1 al f T 7� a . 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Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) res ae � Q Telephone: 631765-1938 �cl Southold, NY 11971 • y® P Fax: 631765-3136 C®UNTB 5� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEO DEC 2 n 209 ZONING BOARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark,Terry, LWRP Coordinator Date December 19, 2017 Re: Coastal Consistency Review for ZBA File Ref. PETER AND ELAINE PSYLLOS #7124 SCTM# 1000-105-2-1 PETER AND ELAINE PSYLLOS #7124 - Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's August 31, 2017 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at: 1) located less than the code required 100 feet from the top of the bluff; located at: 2886 Ruth Road Ext., (Adj. to the Long Island Sound) Mattituck, SCTM#1000-105-2-1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by sitinq structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed swimming pool is not a water dependent use, and is located 60.3' from the top of bluff line and an unknown distance to the Coastal Erosion Hazard Line (distance was not provided). Two vegetated gullies with slopes equal to or greater than 20 percent occur on the east and west sections of the property (ARCGIS). The 20 percent slopes on the east side of the property are close to the proposed location of the swimming pool and patio (Figure 1). •�� , �,..�<i �,lkY�'j�ry,�= x �r°���rt" w=�3�' .. g�•v7t .,..r ' 41 k ,41 fs. .`„i r� 6. �:•,.-'`"`"• 59 ,1 1� 3 '.x., t°:. p'�9"i...�. �'.,. `i Var`-s. I , 59. .l, S..\ iM3t` _ .. + s•• '';°n '_ ... i -dam."�°2e IMP! 1 J. .s �['£g'!'a'€ ( 1"'" t}.>- .� �; .r ,*•,• tiro° a ..'.. �':;. .z.,'"'.rt:::c,: , "��Y.°�` ,�._k''�E•4. I«uy 6 A ":; :i- f � '"h'S�,sa"•° '."_. .'"�r.�.� ..i�i _........._. '�'`.�:..�;._•. �r..:..:;.'�4'.�_______Sa�i�s:.i's�"�-.�::�r�;.:��i � :1.. �:�L':� Figure 1. Subject parcel (center). Areas of 20% slopes and greater shown in purple or solid fill. The bluff slope is vegetated and appears to be stable. The threat of future loss to property due to the threat of erosion is low to moderate under normal weather conditions. During storm events, the threat increases. To further this policy, it is recommended that the Board require that the proposed swimming pool be relocated further from the slopes and at a greater distance (landward) from the top-of-bluff to minimize future risk of property damage from erosion and/or slope failure resulting from storm surge eroding the slope. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney oyk�6 4e Suffolk County SWCD OLf1 � Co Corey Humphrey 1,110CUL tIl" 423 Griffing Avenue District Manager Suite 110 (631)852-3286 Riverhead,NY 11901 " www.SuffolkSWCD.org .. Rob Carpenter Chairman N - =rs1:�.�rCONSE�vP a� i Leslie K.Weisman, Chairperson ]NOV 13 2W Town of Southold Board of Appeals �? P.O. Box 1179,53905 Main Road ,,,.. -7/a7 Southold, NY 11971 ��" November 13, 2017 Re: ZBA#7124—Psyllos, Peter SCTM#1000-105-2-1 Dear Ms. Weisman: As per your request, our office has conducted an evaluation of the above subject property for the purpose of reviewing the potential environmental impacts associated with the installation of a pool at the existing house located at 2886 Ruth Road Extension, Mattituck. Suffolk County Soil and Water District staff visited the property on November 13`h, 2017. The following are the observations and recommendations respective of the findings of this inspection. Observations: At the time of the visit the property upland of the bluff appeared to be in stable conditions and covered in turf grass and landscape material.The general topography of the property is sloping toward the bluff face from the north side of the residence, and sloping away from the bluff from the south end of the residence. The home is fitted with gutters and downspouts which appear to discharge into drywells.The yard is equipped with an in-ground sprinkler system. At least two sprinkler heads were installed within 20 feet of the bluff face. At the time of the visit,the bluff appears to be in stable condition.The bluff face is well established with mixed vegetation. Minor areas of bare sand and erosion were observed from the top of the bluff. District staff were unable to inspect the bluff from below due to lack of stairway access. Recommendations: During construction, it is recommended that heavy machinery, equipment, or supplies be stored or used a minimum of a 25' setback from the bluff top edge. The heavy weight and vibrations from the machines may cause sloughing of the bluff. Due to the nature of the construction plans and the footprint for the construction, it is necessary that every alternative to using heavy machinery be explored on the north side of the construction. Office Hours:Monday through Thursday 7:30 a.m.to 4:00 p.m. Friday 7:30 a.m.through 3:00 p.m. Page 1 Our office recommends to remove or discontinue using the sprinkler heads located at the very top of the bluff face. It is never good practice to contribute any water on the bluff face.All water from irrigation should infiltrate into the ground where it is applied. Irrigation runoff can eventually lead to severe erosion of the bluff. The proposed pool installation also includes a drywell to handle pool runoff and drainage.The District recommends that the homeowner proceed with the addition of a drywell as planned. I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District. If you have further questions regarding this evaluation,feel free to contact us at your earliest convenience. Sincerely, Ann Marie Calabro Ken Johnson Soil District Technician Soil District Technician Page 2 �- COUNTY OF SUFFOLK Jam" I kA "��'"^ RECEIVED �- �Lr , NOV 21 2017 �0 `�� �+ ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment November 14, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code,the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should'not be construed as either an approval or disapproval. Applicant Municipal File Number Farrand, Kathryn 7122 First Universalist Church 7123 SE Psyllos, Peter 7124 860 Bayview Drive LLC 7125 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 SCOTT A. RUSSELL 4� ®��� JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD f TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765—1560 ® ® Fax (631)-765-9015 MICHAEL COLLINSCcdTOWN SOUTHOLD NY US ��®� ��®� JAMIE RfQllTERaTOWN SOUTHOLD NY US OFFICE OF THE ENGINEER2B11B Y TOWN OF SOUTHOLD r ,� 7/ Leslie Kanes Weisman, Chairperson January 29, 201 , Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA#7124 - Peter& Elaine Psyllos 2886 Ruth Road Extension, Mattituck SCTM#: 1000— 105—02- 1 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding the above referenced property for compliance with Town Code and Chapter 236 for Stormwater Management. Please consider the following: 1. The proposed 20'x40' swimming pool with patio surround will require drainage calculations and a drainage design to contain stormwater runoff. 2. The anticipated lot coverage from the proposed pool may only be 800 Sq. Ft. but the Patio indicated around the pool has been drawn approximately 35'x60'. This item needs to be formally dimensioned and stormwater generated from this surface will require containment& recharge on site. 3. The required 8' Diameter x 4'deep Leaching Pool for swimming pool backwash is a minimum size. This leaching pool can be used for both the pool and patio but calculations for the patio need to be provided to determine the required size. 4. It is recommended that the proposed Patio surround be pitched slightly to the South & West to prevent stormwater discharge from going in the direction of the swale shown along the easterly side of the property adjacent to the pool. This stormwater must be caught in a trench drain or other means to send the runoff to the proposed Leaching Pool Drainage system. 5. The proposed swimming pool is in close proximity to the Top of Bluff. Is there any reason why the Pool cannot be rotated 90 degrees to increase the setback from the bluff? 6. This bluff face immediately adjacent to the construction appears to have slopes in excess of 50%. To protect this fragile slope I would recommend a 20'wide non-turf buffer be required immediately along the Top of Bluff. Page 1 of 2 ♦♦ Leslie Kanes Weisman, Chairperson, Zoning Board of Appeals January 29,201 , Re: ZBA#7124 - Peter& Elaine Psyllos Page 2 of 2 SCTM#: 1000—105—02- 1 7. Erosion and sediment controls must be extended to include all areas of land disturbance generated by but not limited to; the equipment access road, new drainage structures and/or the concrete wash out area. 8. Is the construction machine access road noted on the plan an existing road or will it be created for the new work? If, this is a new placement of material and if this material is to remain, the project will also require drainage for this roadway. If the roadway is temporary in nature and if this road will be removed after construction, only temporary drainage facilities will be required. Due to the nature of this project it is recommended that the applicant submit two stormwater Management control plans to the engineering department for review and approval prior to installation of the new pool and related work. If you have any questions regarding this review please do not hesitate to contact my office. Sin ly, aures A. Richter, R.A. Stormwater Manager cc- Michael Verity,Principal Budding Inspector FORM NO. 3 RECEIVED 'y TOWN OF SOUTHOLD BUILDING DEPARTMENT OCT �01� SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: August 31, 2017 TO: Suffolk Environmental(Psylos) PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated August 29, 2017 For a permit to construct an accessoryground swimming pool at Location of property 2886 Ruth Road Ext., Mattituck, NY County Tax Map No. 1000- Section 105 Block 2 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The construction notes a setback of+/- 60.3 feet from the top of bluff, at its closest point. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATIOP. )THE SOUTHOLD TOWN BOAT. +)F APPEALS , For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: House No.2867 Street Ruth Road Extension Hamlet Mattituck SCTM 1000 Section 105 Block 2 Lot(s) 1 Lot Size 103,956.94 s.f. Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: August 31,2017 BASED ON MAP DATED July 3,2017. Is j Applicant/Owner(s):Peter and Elaine Psyllos RECEIVE® MailingAddress:2867 Ruth Road Extension,Mattituck,NY 11952 OCT 2 5 2017 Telephone: 917846-5447 Fax#: N/A Email: epas(a,ipsylllos.com ZONING BOARD OF APPEALS NOTE: In addition to the above,please complete below if application is signed by applicant'attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents. Name of Representative: Bruce A.Anderson—Suffolk Environmental Consulting,Inc. for Owners Agent's Address: P. O. Box 2003,Bridgehampton,New York, 11932 Telephone: 631-537-5160 Fax#: 631-537-5291 Email: bruce(a),suffolkenvironmental.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or [X] Authorized Representative,or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 1-15-16 and DENIED AN APPLICATION DATED 2-11-16 FOR: [X]Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280-124 Subsection B Type of Appeal. An Appeal is made for: [X] A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑ has, [X] has not been made at any time with respect to this Property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's simnED �� n AREA VARIANCE REASONS: OCT 2 5 2017 tX (1) An undesirable change will not be produced in the CHARACTER of the 0(5WWPEALS detriment to nearby properties if granted,because: The proposed activities are suitably setback from the bluff and would be adequately screened from adjacent properties. No other dimensional variances are required. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The distance between the top of the bluff and the dwelling and seaward contour are insufficient to meet the bluff setback (3) The amount of relief requested is not substantial because: The pool is sited to one side of the yard leaving setbacks exceeding the minimum for most of the land area between the house and bluff. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the project is outside the jurisdiction of the NYSDEC,well landward of the Coastal Erosion Hazard area boundary and would otherwise satisfy the local wetland setback standards. (5) Has the alleged difficulty been self-created? ( )Yes,or(X)No. Are there Covenants and Restrictions concerning this land: [X] No. ❑ Yes (pleasefurnish cony). This is the N [NEW JM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( )IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorney.) �2- �- AA.,- Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day ZH t'" 20 "T . . o Public Matthew D. Ivans Notary Public of New York No. OlI 6053859 Oualified in Suffolk County Commission Expires January 22, 20 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) RECEIVE® Applicant: Peter and Elaine Psyllos Date Prepared: October 20,2017 OCT ��9� I.For Demolition of Existing Building Areas ZONING BOARD OF APPEALS Please describe areas being removed: None. H. New Construction Areas(New Dwelling or New Additions/Extensions):N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished,ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)—Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations N/A IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your properly: 3765 s.f. (house and deck) Proposed increase of building coverage: 800 s.f. Square footage of your lot: 103.956s.f. Percentage of coverage of your lot by building areas 6.8% V.Purpose of New Construction: Construct a 20'x 40' pool. ` VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat to rolling(0%-20%). Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED IP OCT 2 5 2097 ZONING BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes [x]No. B. Are there any proposals to change or alter land contours? ❑No [x]Yes,please explain:_ there will be a regrading of property at the southeastern corner of the proposed pool C. 1)Are there areas that contain sand or wetland grasses?Yes(beach) 2)Are these areas shown on the map submitted with this application?Yes 3)Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or application with the Trustees:Awaiting variance relief prior to filing with Trustees. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting?No (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises?No If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes,please label the proximity of your lands on your map with this application_ H. Please list present use or operations conducted at this parcel: Residential—Single Family and proposed use Residential—Single Family with pool (examples: existing: single-family;proposed: same with garage or pool,or other description.) 1012 ra/i 7 Authorized Signature and Date 2/05; 1/07 RECEIVED AGRICULTURAL DATA STATEMENT OCT 2 5 2017 E ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ®fVIfVG BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 1 1 0 S _ 2. Address of Applicant: O (ZA- A-t, 3. Name of Land Owner(if other than Applicant): L_C—c,>S 4. Address of Land Owner: z,9?,P�rp 5. Description of Proposed Project: C_e5\&SVL-t- '2-4--> t --L 0 1 of 1 6. Location of Property: (road and Tax map number) 20�' ✓� (A � 'N b-4 �C)SCD C::, 2 y 7. Is the parcel within 500 feet of a farm operation? { } Yes o 8. Is this parcel actively farmed? { } Yes o 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) / 7 Signature of Applicant4 Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Short Environmental Assessment Form RECEIVED Part I -Project Information OCT 2 5 2097 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Peter and Elaine Psyllos Name of Action or Project: Psyllos Project Location(describe,and attach a location map): 2867 Ruth Road Extension,Mattituck,NY Brief Description of Proposed Action: Applicant proposes to construct a 20'x 40'pool with surrounding at grade patio Name of Applicant or Sponsor: Telephone: (917)846-05447 Peter and Elaine Psyllos E-Mail: cpas@psyllos.com Address: 2867 Ruth Road Extension City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that R1 F may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: El ❑Southold Town Trustees 3.a.Total acreage of the site of the proposed action? 2.387 acres b.Total acreage to be physically disturbed? <.05 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 2.387 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial [—]Commercial ©Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 RECEIVED 5. Is the proposed action, OCT 2 ➢ 2017 7I N❑O ND a.A permitted use under the zoning regulations? ✓ b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS ❑ Fv_1 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ RI 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Z ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ R c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? I ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO I YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Fv_1 ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: R1 ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? Fv_1 ❑ b.Is the proposed action located in an archeological sensitive area? RI ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: RI 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 0 Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? RI ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm water discharges flow to adjacent properties? ❑NO DYES b.Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes,briefly describe: 1E NO DYES Page 2 of 3 RECEIVED it P4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? OCT 2 5 2097 If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: F I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name:Bruce A.Anderson-Suffolk Environmental Cons.Inc. Date: October 20,2017 Signature: ef=ok PRINT FORM Page 3 of 3 RECEIVED OCT 2 5 2017 1084 APPLICANT ZONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The vuruose_Qf this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Psvilos.Elaine (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building Variance X Trustee Chanee of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map __ _ Planning Other (if"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either cheek the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); ____.C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day Signature Print Name ne Ps 11 Form TS 1 Town of Southold RECEIVED CONSISTENCY ASSESSMENT FORM OCT2 5 201 LWRP ON � A. INSTRUCTIONS ZONING BOARD OF APPEAL 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 105 - 02 - 001 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ r (b) Financial assistance(e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a 20' x 40' pool with surrounding at grade patio. Please refer to the attached Survey for all project specifications. Location of action: 2867 Ruth Road Extension;Mattituck:Town of Southold,NY Site acreage: 2.387 acre f RECEIVED Present land use: Single family dwelling with related appurtenances OCT 9, 5 2017 Present zoning classification: R- 80 ZONING ROARn OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a) Name of applicant: Peter and Elaine Psyllos (b) Mailing address: 2867 Ruth Road Extension;Mattituck,New York 11952 (c) Telephone number:Area Code(917) 846-5447 (d) Application number, if any: N/A Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No ® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.",this proposal is to construct a swimming12ool with surrounding patio which are common appurtenances in the Town. The proposal, as designed, will not result in adverse effects to the surrounding environment in that the project has been designed in such a way as to maximize the extent of all required regulatory conditions associated with these activities on a lot situated in proximity to the surface waters surrounding the Town of Southold. Accordingly,this project is consistent with this op lick Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria RECEIVE Ilaf ® Yes ❑ No ❑ Not Applicable OCT 2 5 2017 Subject proposal will not adversely impact the visual quality of the surrounding area in tda9YN%RMAABP&kAre adequately screened from adjacent properties and the structures are at grade No current visual resources will be impacted by these activities Therefore this 1roposal is consistent with this policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,structures, and natural resources from flooding and erosion. See LWRP Section IH—Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will fully comply with Policy 4 in that the location of the improvement within subject property is to be situated 603 landward of the top of bluff and hundreds of feet landward of the Coastal Erosion Hazard Area Boundary. The chances of any loss of life or structures from implementation of this project are negligible Therefore the proposal is consistent with this policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH -Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will comply with Policy 5 in that the proposed pool will be served by a drywell that will handle any and all runoff. Construction of the proposed activities will utilize hay bales and siltation fencing thereby protecting situate surface waters Therefore the proposal is consistent with this policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI—Policies; Pages 22 through 32 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will comply with Policy 6 in that proposed activities especially the proposed pool is designed to meet the environmental guidelines and requirements of the Town of Southold Board of Trustees and is not regulated by the New York State Department of Environmental Conservation and consequents will maintain the integrity of the surrounding ecosystem Therefore the proposal is consistent with this policy ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III-Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable in that the proposal is simply construct incidental improvements which historically do not result in any form of adverse effects to air quality. Accordingly,this proposal is not applicable with this policy. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste hazardous waste toxic pollutants petroleum products RECEIVW a—f Attach additional sheets if necessary cc PUBLIC COAST POLICIES ZONING BOARD OF APPEALS Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This policy is not applicable to the proposal in that subject parcel is a private lot and-has no possibility for public access to coastal waters or public resources. However, as the proposed construction is occurring landward of the bluff,the proposal could in no way impede the use of the contiguous Long Island Sound off the subject parcel. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e.commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary �f+�tmbgb�6 tl7.,V ZONING BOARD OF APPEALS Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies;Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e.the conversion of farmland the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable, Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction. Attach additional sheets if necessary Created on 3-29-2006 @ 10:OOAM p,ECEI V ED Board of Zoning Appeals Application OCT 2 5 M7 AUTHORIZATION (Where the Applicant is not the Owner ZONING BOARD OF APPEALS We,Peter and Elaine Psyllos residing at c2 4{i`h A do hereby authorize Suffolk Environmental Consulting,Inc. to apply for variance(s)on our behalf from the Southold Zoning Board of Appeals. r PeteAZsoos Elam sy s RECEIVED OCT 25 211711 ZONING BOARD OF APPEALS PSYLLOS Property Situate: 2886 Ruth Road Extension ■ Mattituck ■ New York SCTM #: 1000 - 105 - 02 - 001 (Photo taken on October 9, 2017) Photograph indicating the staked out location of the proposed Swimming Pool and surrounding Patio. Photograph taken from the central section of the property, facing northwest, overlooking Long Island Sound. RECEIVEG-, OCT 2 5 2017 p� 'ON BOARD OF APPEALS PSYLLOS Property Situate: 2886 Ruth Road Extension ■ Mattituck ■ New York SCTM #: 1000 - 105 - 02 - 001 (Photo taken on October 9, 2017) 4 Photograph indicating the staked out location of the proposed Swimming Pool and surrounding Patio. Photograph taken from the central section of the property, facing northwest, overlooking Long Island Sound. RECEIVED OCT 2 5 2017 ZONING BOARD OF APPEq� PSYLLOS Property Situate: 2886 Ruth Road Extension ■ Mattituck ■ New York SUM #: 1000 — 105 — 02 — 001 (Photo taken on October 9, 2017) w Photograph indicating the staked out location of the proposed Swimming Pool and surrounding Patio. Photograph taken from the northerly section of the property, facing southeast, towards the dwelling. RECEIVED OCT � F� � 1la ZONING BOARD OF APPEALS PSYLLOS Property Situate: 2886 Ruth Road Extension ■ Mattituck ■ New York SCTM #: 1000 - 105 - 02 - 001 (Photo taken on October 9, 2017) iL . r Photograph indicating the condition along the northerly section of the property, specifically the topographical crest of the bluff. Photograph taken from the northerly section of the property, facing northeast, along Long Island Sound. R-FcFIVFL OCT 2 5 2017 (/�4 ZONING BOARD OF APPEALS PSYLLOS Property Situate: 2886 Ruth Road Extension ■ Mattituck ■ New York SUM #: 1000 — 105 — 02 — 001 (Photo taken on October 9, 2017) x: Photograph indicating the condition along the northerly section of the property, specifically the topographical crest of the bluff. Photograph taken from the northerly section of the property, facing northwest, along Long Island Sound. 1,ECEIVED 11�4F OCT 2 2017 l A)0,-0 ZO(VING BOARD OF APPFAI-5 APPLICANT T'RANSACT'IONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to nrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Peter Psyllos. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building VarianceX Trustee Change o_f Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted day of 201_ Signator Print ter Psyllki Form TS I RECEIVED -7 OCT 2 5 2017 APPLICANUAGENUREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS "Ibe Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR.NAME: Bruce A.Anderson (Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building Variance_ X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)acorporation in which the town officer or employee owns more than 5%of the shares. YES X NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold William H.Price,Jr..Es4. Title or position of that person Justice Describe the relationship between-yourself(the applicantlagent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Brother-in-law Submitted this 24th day of/October,2017 Signature (j_. / AJ • C .Print Name Bruce A.Anderson Form TS 1 P rz.rRECEIVED ' Town of Southold 3/25/2015 sP.O.Box 1179 -OCT 2 5 201? 1 53095 Main Rd '� cg Southold,New York 11971 ZONING BOARD OFAppEgL5 Sao? I CERTIFICATE OF OCCUPANCY No: 37479 Date: 3/24/2015 I THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 2886 RUTH RD EXT MATTITUCK, SCTM#: 473889 ! Sec/Block/Lot: 105.-2-1 i Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 9/24/2013 pursuant to which Building Permit No. 38352 dated 9/24/2013 was issued, and confornis to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate it issued is: I ONE FAMILY DWELLING INCLUDING REAR DECK SECOND STORY BALCONY COVERED ENTRYWAYS AND IA TWO-CAR GARAGE UNDER AS APPLIED FOR I I The certificate is issued to SHANNON TRUST III (OWNER) I I of the aforesaid build g. i I SUFFOLK COUNTY;DEPARTMENT OF HEALTH APPROVAL R10-15-0003 02-18-2015 1 ELECTRICAL CERTIFICATE NO. 38352 11-06-2014 PLUMBERS CERTIFICATION DATED Not Required Author Signatu e TOWN 0P° SOUT1H2OLD _ PROPERT,Y� t�R�:..�"ARD , . OWNER Q,` g` STREET �� 'VILLAGE- - DIST. SUB. LOT F.5e 1 ry 'r s F RMER O N N E ACR. �> . ' `�� .� kin 0 G ear �e s K,f 0. 3g h aji o0y) `� -sS W TYPE OF BUILDING :TA /v IS(4L 1?lF1)- �Ui,S 'RES '�)/C) SEAS. VL. FARM COMM. CB. MICS. ; Mkt. Value 'LAND IMP. TOTAL � DATE REMARKS j't`'ul:�da.rPtKrti ✓ O /v6� Ca �� 3.0�7� S L/ / / we'-p'. S/ L .gl7/ Z7 917 6, P, f,7z , 6� P 6;,e ian,;/y clwel'l 0 `j 11 Zcl In cx jZ, �aoe ti 1 e 'v �4 l 454- Xo Rb ��.al�'�P� l�fc SZ D fl35-►Sh�nn�� ���»n��n ° i s. /(�, g 5 e a5 5' a g OCt�,- n 0;n-s INS-- 'm Ir. 7 Km )�4�,jv -Ll-z' ,57 -_Aomn am VOLI(13 - 6 8e3k9 _1_&_1)kw a - LU - ,- Tillable >1 L FRONTAGE ON WATER Woodland ffi v m FRONTAGE ON ROAD' CD L9 Meadowland DEPTH House Plot - - BULKHEAD Total . ...■ o.m .. • .moon.MEN NEON TD No No oil No ON -7F ENE 0 ENE ,z,TME `_,`. K��""''T•---'`�'_`.sr+----"�.-T� �`- .rarsy' �_.�S MEN 0 OEM on mm NONE ■■ ®liile� mml1mm�®■e®■No HE m.® ® - ..■ win's 0 0 0 eeeIMIomi® RA I 11111112H -m MEN 0 111 mr�sCf o ■m.0 ENE mo ■■C■um®I®®®B®omwid M■ am ME MENOMINEE MEIM No MENEM` "Sell soi e • r0 Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President — l RECEIVED }SAND DELIVERED OU 2 5 W7 October 25,2016 ZONING BOARD OF APPEALS Southold Board of Zoning Appeals Southold Town Building Department P.O. Box 1179 Southold, NY, 11971 Re: PSYLLOS Property Situate: 2867 Ruth Road Extension, Mattituck, NY SCTM#: 1000—105-2-1 Dear Members of the Board, Application is hereby made for zoning variance pursuant to a Notice of Disapproval issued by the Southold Town Building Department dated August 29,2017.Application contents are as follows: 1. Notice of Disapproval dated August 29, 2017 issued by the Southold Town Building Department; 2. Application to the Southold Town Board of Appeals dated October 20,2017; 3. Applicant's project description dated October 20,2017; 4. Questionnaire for Filing with your Z. B.A.Application dated October 20, 2017; 5. Owner's Endorsement executed by the owners of the property on October 2, 2017; 6. Applicant Transactional Disclosure Form executed by the owners of the property on October 2, 2017; 7. Applicant/Agent/Representative Transactional Disclosure Form executed by me on October 24, 2017; RECEIVED lk( OCT 2 5 2017 8. Short Environmental Assessment Form prepared by this office on October ZONING BOARD OF APPEALS 20,2017_; 9. LWRP Consistency Assessment Form prepared by this office on October 20, 2017; 10. Photographs of subject property prepared by this office on October 9,2017; 11. Certificate of Occupancy#37479 dated March 24,2015 for one family dwelling including rear deck,second-story balcony,covered entryways and a two-car garage under as applied for. 12. Property Assessment ward obtained from the Southold Town Assessor's Office; 13. Survey prepared by Peconic Surveyors last dated January 16, 2016; 14. Pool Schematic;and 15. Check made payable to the Town of Southold in full satisfaction of the requisite application fee. By way of this correspondgnceJ request that you commence the processing of this application and schedule a public hearing for presentation and determination.Thank you in advance for your anticipated cooperation. Yours truly, Bruce A.Anderson Cc. P. Psyllos �g11�F0`�c ELIZABETH A. NEVILLE,MMC x,10 �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 Cie REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,f. ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Q� •�,`� www:southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 26, 2017 RE: Zoning Appeal No. 7124 Transmitted herewith is Zoning Appeals No. 7124 for Peter Psyllos-The Application to the Southold Town Zoning Board of Appeals. Also enclosed'is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Forms, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form;Notice of Disapproval, Board of Zoning Appeals Application Authorization, Photos, Certificates of Occupancy, Property Record Card, Application Cover Sheet, Survey, and Drawing. * * * RECEIPT * * * Date: 10/26/17 Receipt#: 229293 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7124 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#540 $500.00 Psyllos, Peter& Elaine Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Psyllos, Peter& Elaine 2886 Ruth Road Ext. Mattituck, NY 11952 Clerk ID: SABRINA Internal ID 7124 Suffolk Environmental n Inc. Newman t'ilhuye,Suite E,2322 Main Street,PD. Box 2003,Bridgehan-ton,New York 11932.2003 (631)537-5160 Fax: (63 1) 537-5291 x uce Anderson,M.S.,President January 24,2018 NAND DELIVERED Southold Board of Zoning Appeals Southold Town Building Department P.O. Box 1179 Southold,NY, 11971 Re: PSYLLOS Property Situate: 2867 Ruth Road Extension,Mattituck,NY SCTM#: 1000-105-2—1 Dear Members of the Board, As requested during your regular meeting of January 18,2018, 1 enclose the following zoning determinations rendered in connection with dimensional relief from the top of a bluff to a proposed swimming pool.They are: 1. Weber -Decision#4801,dated 5/4/2000: Approval for pool 63-feet from bluff line; 2. Kourkoumelis—Decision#4464,dated 4/10/1997: Approval for pool 15-feet from top of bluff (as per attached survey); 3. Kontokosta—Decision#4935,dated 4/5/2001: Approval for pool to 50-feet from bank setback; 4. Tsavaris—Decision#4245 dated 6/8/94: Approval for pool 50-feet from top of bluff; 5. Amabile—Decision#6726 dated 4/17/14: Approval for pool 67-feet from top of bluff;and 6. Alexandrou—Decision#6927 dtaed 5/20/2016: Approval for pool 48-feet from top of bluff. The pool setback relief for the swimming pool oriented in the north-south direction is 60.3 feet from the top of the bluff.The north-south oriented pool is the preferred plan for the applicant.In further support of our application,I reiterate that the pool would actually be set back 235 feet from the Coastal Erosion Hazard Area Line (far more distant than the determinations listed above and attached herewith). Please do not hesitate to contact this office should you have any further questions or concerns relating to this application.Thank you in advance for your careful consideration and deliberations. ours trul Bruce A.Anderson Cc, P. Psyllos i S N AP"EALS BOARD MEMBERS gUFFO(�- ��D 6'0 Southold Town Hall Gerard P. Goehringer, Chairman ti� Gym 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 % Lora S. Collins y O�� ZBA Fax(516)765-9064 George Horning l �►a Telephone(516)765-1809 BOARD OF APPEALS �� TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4801 - NANCY WEBER 9000-21-5-7 STREET& LOCALITY: 160 The Strand, East Marion DATE OF PUBLIC HEARING: April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 31,800 sq. ft. in area with 60+-ft. frontage along The Strand, at Pebble Beach in East Marion. The lot is improved with a two-story frame house with garage and deck as shown on the April 10, 2000 site plan prepared by Michael Tortorice, R.A. The existing house is shown at 100+- feet from the southerly front property line, 100 ft. min. from the bluff line, 26.0 feet from the west side line and 22.6+- ft. from the east side line. The tie line/average line of bluff is approximately 176 feet landward of the high water line of the Long Island Sound. BASIS OF APPLICATION: Building Inspector's March 2, 2000 Notice of Disapproval citing Article XXIII, Section 100-234A.1 of the Zoning Code with respect to a proposed 51 (+-) ft. setback from the average line of bluff for an accessory in-ground pool. Article XXIII, Section 100-239.4A.1 states that setbacks for all buildings shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank of the Long Island Sound. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate an in-ground swimming pool 28 feet from the rear of the existing dwelling and 63 feet from the bluff line. The setback from the Coastal Erosion Hazard Line is 58 feet. A proposed dry well will be maintained at a minimum of 10 feet from the rear of the house and property lines. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because many properties in the area have similar building setbacks. Swimming pools are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property will be unenclosed, except for required fencing. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house was located in its present position more than 20 years ago and preexisted the bluff-setback restrictions of the current codes. 3. The requested area variance is substantial and represents a 37-foot reduction in the code required 100 ft. minimum setback to the bluff line. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant has agreed to J Page 2- May 10,2000 ZBA Appl. No.4801-N.Weber �� Parcel 1000-21-5-7 accept the following conditions to mitigate any potential adverse environmental impacts. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All roof run-off and pool water drainage shall be placed in dry well(s) located south of the pool or house. 2. Hay bales shall be placed approximately 48-50 ft. from the top of the bluff, near 10 ft. overcut encompassing north,west and east sides of the pool. VOTE OF THE BOARD. AYES: Members,Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was absent.) Th' o n ul pte (4-0). GERARD P. GOEHRINGER, AIRMAN For Filing 2000 RECEIVED AND FILED BY THE SOUTHOLD TOVRj CLLtY DA 61 Moa �OU I:is � R i I Town Clerk, Town of SoutEold ti � a 1 - r t r } APPEALS BOARD MEMBERS Southold Town Hall Gerard P.Goehringer,Chairm`� �`1` Gy 53095 Main Road Serge Doyen o P.O.Box 1179 James Dinizio,Jr. c Southold, New York 11971 RabeAAga �,y Fax(516)765-1823 Lydia A.Tortora �4j �`�� Telephone(516)765-1809 M- u ste-r,-Ln.M n BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND -DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 10 and APRIL 24, 1997 Appl. No. 4464 - TOMIS KOURKOUMELIS PARCEL 1000-44-1-2 STREET & LOCALITY: 54775 C.R. 48, Greenport DATE OF PUBLIC HEARING: April 10, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION This property is located in an R-40 Residential Zone District, being situate on the northerly side of County Road 48 with 63.69 ft. road frontage and 75.0 ft. frontage along the Long Island Sound at the ordinary highwater mark (1953 survey). This lot contains a total area of .67 of an acre and, as depicted on the 1953 survey map (re-dated December 23, 1996) under this application is improved with the following: one-story brick house (single-family), accessory garage located in the front yard area, and accessory deck structure along bulkhead. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 31, 1997, which reads as follows: under Article XXIII, Section 100-239.4A(1), ". . .all buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one-hundred (100') feet from the top of such bluff or bank. Pursuant to Article XXIII, Chapter 100-239.4A(1). Action required by the Zoning Board of Appeals. Gary J. Fish, Building Inspector." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a 16' by 36' inground swimmingpool with deck and fence enclosure, situate 34 ft. from the outside bulkhead below the bluff area, and 22 ft. from the "ledge" or closest portion of the deck which exists near the beach area below the bluff. The pool is shown to be proposed at Five feet from the rear of the house, 17 ft. from the westerly side property line, 15 ft. from the easterly side property line, and 69 ft. from the ordinary highwater mark (northerly property line). For the record, it is noted there would be a grass area or possibly a ground level brick patio shown between the pool and the fence areas (rather than a raised deck which would require a variance). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to Page 2 - Appl. No. 4464 (Kourkemoulis) Decision Rendered April 24, 1997 Southold Town Board of Appeals nearby properties because the land area in question is a size of 16' A by 36.1 a/-1 (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant except for placement in a limited front yard area (which may also require a variance). (3) The requested area variance is substantial in relation to the code requirement. (4) The proposed variance would not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because back-wash or drainage of pool water must be channeled towards the south of (south of the house) and away from the bluff. (5) The situation has not been self-created because the nonconforming setbacks of this house were established when built prior to 1963 in its present location. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool and deck shall not be physically attached to the dwelling or structural part of the dwelling at any time; 2. New construction (pool and decks) shall remain open to the sky and unroofed; 3. Lighting must be of a ground effect only (no overhead lighting, and lighting must be shielded down towards the pool and the ground). NOTE: It shall be understood that there will be no backwash or drainage of water towards the bluff area at any time whatsoever. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) T duly adopted (4-0). ED AND FILED BY ERA G E ING R, �',LD TOVJId CLF.c�;{ Signed: April 25, 1997 Actions.97144-1.2 �� !O.' - �,,. Town Clerk, Town of Southold CDP O g6 NA-AILq 'L 1•t . `opSf AL eY c r2o F. �(9 K?6 POOH •.S � t+b+v 0 d � , ' � �- :3.� `� � �• $.�n��ice;rg�' ,_ , , - :r t' ',���, ,�s-l�••a�>;:�`. �: � r�: �• r.t s,.F,.; t�C[r�`t'4 :F. 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''ix,'�XS ,'''`'t,: ".i. 0+e.%,4 ?, l_7. .3` '9'i r'E�4-1F�11.t•< ",x'•14{V psi;,,� Sh.�_�; <,�' ��Y�,',>{.Yt_•rr icti s''< ;`..' ,r ' _ I ti•,�� -'y:.st'' Y ;-�`<;_� �,a{.,`t<,'rEt�_ ,.= ,a-,rJ,.n!F• ;[r._!;Y __ x . t � - T� l.i/i` ,, `y' •C��S't`���.65�ti/�£.flet��' �+rt"�.7c'.�9 Noir :.tw � HLt43•k CC9 ubWM.TfQ�CY;,' ' - - , tbp b�' ProFili{i "J_\P4.'N:`Yout+ay e VaN: '" ' '� f�:aS.•Gtiodals,•4iiet:( in �M"a Su�4eilk• . /�;;c�rT!ted• L'..a ;�urveyors Colati7ky Ct�WT. of1:c:k"- .. RA+*+ mt-aa .���,s-�if/mreTo�/� �•�c-�--vim.�7-- 0?7 , i C APPEALS BOARD MEMBERSgf�FFO 11L � �'p Southold Town Hall Gerard P. Goehringer, Chairman � � 53095 Main Road c P.O. Box 1179 James Dinizio,Jr. W Lydia A.Tortora i�s ` Southold,New York 11971 Lora S.Collins 44 ZBA Fax(631)765-9064 George Horning Ol [ �a Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ✓ fl�1`� FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2001 Appl. No. 4935—E. M. KONTOKOSTA Location of Property: 56765 North Road, Greenport Parcel 1000-44-1-27 Date of Public Hearing: April 5, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of approximately 35,000 sq. ft. in area, with 114.23 ft. of road frontage, located along the north side of the Middle Road (or North Road, C.R. 48) in Greenport. The property is improved with a one-story dwelling as shown on the map prepared by Kontokosta Associates Engineers &Architects. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated January,18, 2001 denying an application dated January 5, 2001 for a permit to construct an in-ground swimming pool. The reason for the disapproval is that the pool is less than 100 feet from the bank on the Long Island Sound. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance for a proposed 20x40 ft. swimming pool with decks areas, which reduce the bank setback from the existing 122.5 feet to the retaining wall, to 50 feet minimum from the retaining wall. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) Granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The property is located on Long Island Sound in an area that is relatively flat, with no bluff or steep elevations. The property contains a beach (with bulkhead) and a cement retaining wall. The elevations between the top of the bluff — or the retaining wall—and the beach are not significant, and range from approximately 1 ft. to 3 ft. No evidence was presented to suggest that proposed swimming pool and deck addition would be a detriment to nearby properties or have adverse impacts on the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than a variance because the proposed location is the most practical one for the swimming pool and deck addition. The only other area to locate the pool and deck that could possibly be conforming is on the southerly roadside part of the property, which contains a driveway and landscaping. A southerly roadside location would not afford the applicant privacy for use of the pool, nor the neighbors privacy frpm view of the pool. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the proposed swimming pool and deck addition will have an adverse impact on physical or environmental;conditions. Page 2—Apri( 19,2001 Appl. No 4935—E. Kontokosta 1000-44-1-27 at Greenport n I, In considering this application, the Board deems this action to be the minimum necessary and adequate to enable applicant to enjoy the benefit of a swimming pool with deck, while at the same time preserving and protecting the character of the neighborhood, and the health, safety,welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as.applied for, SUBJECT TO THE FOLLOWING CONDITION: 1. That the pool and deck areas not be roofed or structurally enclosed; 2. That lighting be shielded to the ground and not glare onto neighboring lands. VOTE OF THE BOARD: AYES: MEMBERS GEfiEFIR ER (C)"an), DINIZIO, TORTORA, COLLINS and HORNING. This Resolution.was duly opted (5Lo� /GERARD P. GOEHRINGE l E . M . KONTOKOSTA BLUFF SETBACK VARIANCE Swimming Pool Construction 1 000-44- 1 -27 THURS , APRIL 5t" - 8 : 15 PM 3 IweArE of d•�ttFF-G,.9 1 APPEALS BOARD MEMBERS •" Southold Town Hall Gerard P. Goehringer, Chairman ,3 53095 Main Road Serge Doyen, Jr. P.O. Box 11.79 James Dinizio, Jr. ✓y,"^- ��5 Southold, New York 11971 Robert A. Villa '�1 rpt `� . Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4245. Application of GEORGE and SUSAN TSAVARIS for a Variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, NY; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on June 8, 1994, at which time persons desiring to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for approval of an accessory swimming pool structure with fence enclosure in the rear yard area of the subject premises. A variance is required for the reason that the rear yard encompasses that area within 100 feet of the Long Island Sound bluff. The setbacks of the pool structure are proposed at not closer than 10 feet to the easterly side property line and not closer than 50 feet to the existing line at the top of the bluff (or bank) of the L.I. Sound. 2. This property is known and identified as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision _map. Also existing at the premises is an antenna dish structure, barbecue "burner," play area and deck landward of the top of the bluff. Pagp 2 - Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 There are steps also located sloping down the bluff to the beach area at the bottom of the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. In considering this application, the Board finds as follows: (a) the overall dimensions of the in-ground swimming pool, as proposed, are 30 £t. by 15 ft. (b) the in-ground swimming pool is shown to be detached as an accessory structure; (c) there are cedar trees existing along the easterly side of the property which will continue to be maintained for screening purposes; (d) there is no other location to locate this swimming pool on this property without other variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for an in ground swimming pool and patio areas at ground level and fence enclosure which are also subject to the approval of the building inspector. 6. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff;, (b) a swimming pool structure with fence enclosure are permitted accessory uses incidental -to the main use of the premises, to wit: residential. (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff due to the limited available building area after meeting all other setback requirements of the zoning code; (d) there are similar structures in the immediate neighborhood to the west; i Page 3 - Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 (e) the difficulties are uniquely related to the character, layout and size of the property, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for an accessory swimming pool structure placed in a horizontal position, with fence enclosure SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the cedar trees as exist be properly maintained in good condition (prior ZBA Appeal No. 4080); 2. That there be no physical disturbance to or near the bluff area (north of the proposed swimming pool location); 3. That• the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for these new structures before commencing construction activities. 4. That there be no adverse (or overhead) lighting that may affect other properties. 5. That drainage of the pool water, when necessary, be placed within a backwash cistern or dry wells (landward of the pool area). 6. That the swimming pool remain detached without a physical connection to the house. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio Villa and Wilton. This resolution was duly adopted. PXCFI'VED AND FILtD 13Y� lk TRE SOUTI-TOLD TOWN CLEMI DATE FOUR GERARD P. GOEHRINGER 0-11 0" CHAIRMAN P:4, ,Ole a,vn of outh, — I t4 as - �� �-ac. �dQ i�i� � a� �,c�s�i►may s��c. 1 4o,1'� PODO S�s� 5' ,bN l3r-� �v Ax 4 a FO-ry, hy+xxrr d8c0110 BOARD MEMBERS V sour Southold Town Hall Leslie Kanes Weisman,Chairperson �� /yam 53095 Main Road-P.O.Box 1179 ti0 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �0 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyC� Southold,NY 11971 bttp://southoldtown.northfork.net ZONING BOARD OF APPEALS RE �� E13 TOWN OF SOUTHOLD AP?!2 5 2014 ;• Tel.(631)765-1809-Fax(631)765-9064 E�C�Ierk E FINDINGS,DELIBERATIONS AND DET RMINATION Shold MEETING OF APRIL 17,2014 ZBA FILE: 6726 NAME OF APPLICANT: Robert and MaryAnn Amabile PROPERTY LOCATION: 1365 Aquaview Avenue East Marion,NY. SCTM#1000-22-2-1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2014, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Feb. 26, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 43, 168 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 150 feet along Long Island Sound. The easterly lot line measures 288.96 feet along an adjacent residential parcel. The southerly lot line measures 153.28 feet along Aquaview Ave.,and the westerly lot line measures 274.17 feet along another adjacent residential parcel. The property is improved with a single family dwelling with decking, an accessory garage and shed,as shown,with proposed improvements,on the survey drawn by John C.Ehlers,Land Surveyor,dated Jan. 07,2014,latest revision dated March 13,2014. BASIS OF APPLICATION: Request for Variances from Article IV Code Section 280-18 and Article XX1I Code Section 280-116 and the Building Inspector's October 24,2013,amended November 8,2013,amended January 6,2014,and again amended March 14,2014 Notice of Disapproval based on an application for building permit for addition(raised patio with in-ground swimming pool) to existing single family dwelling, at, 1)less than the code required minimum side yard setback of 15 feet,2)lot coverage at more than the code permitted 20%,3)less than the code required 100 foot setback from top of bluff. RELIEF REOUESTED: The applicant requests variances to construct a raised patio and in ground swimming pool with a side yard setback of 5 feet where 15 feet is required by Code, with an increase in lot coverage to 31.2% where Code allows a maximum of 20%, and with a 67 foot setback from the top of the bluff, where 100 feet is required by Code. Page 2 of 4—April 17,2014 ZBA#6726—Amabile SCTM#1000-22-2-1 AMENDED APPLICATION: During the hearing on March 6, 2014,the applicant was asked to bring the plan into more conformity with the code as related to variances requested for the bluff and side yard setbacks. The applicant on April 4, 2014 submitted a plan to increase the side yard setback to 10 feet. On March 14, 2014,the Building Dept. issued an amended Notice of Disapproval that cited the applicant's proposed construction for an increase of lot coverage to 31.2%,in excess of the 20%allowed by Code. The applicant then requested the ZBA grant another variance for the increased lot coverage. During the hearing on April 3, 2014,the applicant was asked to bring the plan into more conformity with the code as related to the request for a variance for 31.2% lot coverage. On April 15, 2014,the applicant submitted a plan to reduce the proposed lot coverage from 31.2%to 27% bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The file contains a letter from the Suffolk County Soil and Water Conservation District, dated Feb 27, 2014. It details the observations made during their site inspection of the applicant's property that was requested by the ZBA "to review the potential environmental impacts associated with the installation of an in-ground pool" proposed to be located in an area designated by Code as in a non-conforming proximity and close to the top of a bluff. The letter lists a number of recommendations, including the installation of silt fencing prior to any soil disturbance, and other measures to be taken to prevent and control any potential soil erosion. At the March 6, 2014 hearing the applicant was asked about the feasibility of locating the proposed pool in a more conforming area. At the April 3, 2014 hearing the applicant stated that the pool could not be positioned closer to the detached garage, and with a greater setback from the top of the bluff, because there was insufficient space between the principal dwelling and the garage to maintain a required 5 feet pool setback from each building. The applicant also stated that the pool could not be located in a front yard area,which would conform to Code on a waterfront property, because the septic system, water supply line, and electric service were already located in the front yard. This property was the subject of prior ZBA decision 772, dated May, 27, 1965 granting a lot division, and prior decision 3265,dated Oct. 3, 1984, granting a variance for a front yard garage location. A letter in opposition was received by an adjoining neighbor. The applicant provided documentation showing other variances that had been granted in the neighborhood for bluff setbacks and lot coverage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6,2014,and on April 3,2014,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variances for a top of the bluff setback of 67 feet, and a side yard setback of 10 feet, as requested in the amended application will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the waterfront properties in the neighborhood have nonconforming top of the bluff and side yard setbacks. The applicant submitted information listing other variances granted within the neighborhood for nonconforming bluff, lot coverage and other setbacks. A single family dwelling has existed on the property site prior to Zoning Code, and a swimming pool is a customary accessory structure in the R-40 Zone. 2. Town Law 6267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The Coastal Erosion Hazard Line that bisects the property reduces the overall amount of the conforming buildable area, and also increases the percent of total square feet of lot coverage for existing and proposed construction to 31.2%, an amount that exceeds the 20% allowed by Code. As a result of the topography, the overall dimensions of the property, and the location of existing structures, including a garage, and buried utility services, the applicant does not have a sufficient rear yard, or side yard, or front yard area,where a pool can be located with a Code conforming setback from the top of the bluff, as well as the other necessary conforming setbacks. The pool cannot be located within a Code conforming front yard area on a waterfront property because the septic system, water line and buried utility services are in the area. Because of Page 3 of 4—April 17,2014 ZBA46726—Amabile SCTM#1000-22-2-1 the reasons stated the variances granted are needed in order to construct a swimming pool and a re-designed raised patio with a nonconforming bluff setback of 67 feet, a side yard setback of 10 feet, and, as Alternative Relief, nonconforming lot coverage of 27%. 3. Town Law 14267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 33% relief from the code for a 10 foot side yard setback where 15 feet is required and 33%relief from the code for a 67 foot setback from the top of the bluff where 100 feet is required. The variance as applied for lot coverage of 31.2% when 20% is allowed is substantial,and represents 56% relief from the Code. The variance granted by the action of Alternative Relief for lot coverage not to exceed 27% is also substantial,representing 35%relief from the Code. However, these variances are mitigated by the fact that the Coastal Erosion Hazard Line bisects the property. This reduces the overall conforming buildable area. The CEHL also creates an increase in the existing and proposed percent of total lot coverage,to an amount that exceeds that allowed by Code. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code,and as a condition of this decision, implement the recommendations cited in site review made by'the SCSWC District. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief for a setback from the top of the bluff of 67 feet, and a side yard setback of 10 feet, and the grant of alternative relief for 27% total lot coverage, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and raised patio, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT,the variance for a 67 foot setback from the top of the bluff as applied for,and GRANT as amended a side yard setback of 10 feet, and lot coverage of 27%, all as shown on the survey drawn by the John C. Ehlers, Land Surveyor,dated Jan. 07,2014,latest revision dated April 15,2014. Subject to the following conditions; CONDITIONS: 1. Pool mechanicals shall be placed is a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed. 3. The applicant will implement the recommendations of the SCSWC District to the fullest possible extent. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4 of 4—April 17,2014 ZBA#6726—Amabile SCTM#1000-22-2-1 Vote of the Board- ,oyes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Welsma ,Chairperson Approved for filing' tet/ /2014 RoARDMEMBERs f--_ - - Southold Town Hall ~ ,1jeslie Kanes Weisman,Chairperson Y � so 53095 Main Road-P.O.Box 1179 Eric Dantes Southold,•NY 11971-0959 Gerard P.Goehringer ice Location: Town Annex/First Floor,Capital One Bank George Homing � 54375 Main Road(at Youngs Avenue) Kenneth Schneider ' : f Southold,NY 11971 I !M http-1/southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 May 20,2016 Dave Cichanowicz P.O.Box 160\ Peconic,NY 11 58 RE:ZBA Application#6927,Lazarus Alexandrou, Dear Mr.Cichanowicz: Transmitted for your records is a copy of the Board's May 19,2016 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities,a building permit is necessary.Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely Kim E.Fuentes ZBA Assistant Encl. Cc:Building Dept. 1' Southold Town Hall BDARD MEMBERS � - Q�$�(/T Leslie Kanes Weisman,Chairperson y�� yp 53095 Main Road-P.O.Box 1179 �Q l0 Southold,NY 11971-0959 Eric Dantesr Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning D 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'�� Southold,NY 11971 http://southoldtown.northfork.net -` ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERNIINATION MEETING OF MAY 19,2016 . ZBA FILE: 6927 NAME OF APPLICANT:Lazarus AlexandrouSCTM#1000 33-1-11 PROPERTY LOCATION:2700 Sound Drive(adj.to Long Island Sound),Greenport,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 9, 2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated February 24,2016.Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us,it is our recommendation that the proposed action is INCONSISTENT,.The LWRP Coordinator,in his evaluation of this project,raises the following: 1.Avoid development with other than water dependent uses in costal hazard areas.Locate new development which is not water-dependent as far away from costal hazard areas as practical. 2.Chapter 275 of the wetlands and shorelines for the Southold Town Code requires that a pool be setback 50 feet from the top of the bluff line. J. The Coastal Erosion Hazard Area Line is located 25.9 feet from the proposed pool. 4. Aerial analysis shows the bluff surface to be stable and is heavily vegetated,however,storm events have caused the Town's shoreline to experience severe erosion(even when hardened) It is recommended that the pool be relocated to maximize the distance from the Coastal Erosion Hazard Area. The inconsistency is mitigated by the relied as amended. The applicant relocated the proposed in-ground swimming pool and adjusted the width and length to increase the in-ground swimming pool setback to 48 feet and is therefore determined to be CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION:Parcel is 23,708 square feet with a buildable area of 11,215 sq.ft. located in the R40 zone district, it is improved with a two story framed dwelling. The survey shows 100.00 feet on Sound Avenue,to the south,249.94 feet on the west,241.49 feet on the east,and with 96.40 feet on the L.I. Sound,to the north,survey produced by Nathan T.Corwin Surveyor dated 11/16/2012,last revised February 20,2013.. Page 2-MaY 19,2016 ZSA File 06927—Alemdrou SCfM#1000-33-1-11 BASIS OF APPLICATION: Request for Variance(s)from Sections 280-116A(1)and the Building Inspector's January 25,2016 Notice ofDisapproval Based upon an application for a building permit for an accessory in-ground swimming pool,at; 1)proposed location to locate an in-ground swimming pool less than 100 feet from the top of the bluff. RELIEF REQUESTED: The applicant is requesting to construct an accessory in-ground swimming at 34.11'from the top of bluff where the code requires a minimum setback of 100 feet. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code.The agent for the applicant was asked to place the proposed swimming pool in the westerly side yard which will create a much larger setback from the bluff. The applicant, on April 18, 2016, submitted a plan increasing the setback to 48 feet,from the top of the bluff;in the westerly side yard,therefore bringing the plan into more conformity with the code.Although accessory structures are not permitted in the side yard,the environmental impact of increasing the setback from the bluff is far more important. ADDITIONAL INFORMATION: This property was subject to three prior variance hearings. The first under file#3386 in 1985 denied without prejudice the location of a new dwelling at 35 feet from the edge of bank. The next was file #3471 in 1986 which approved the placement of a new dwelling no closer than 50 feet from the nearest point from the top of bank.And the last was file 43863 in 1989 granting a 35 foot front yard setback from sound Drive.The new placement of the pool adjacent to the home on the west side of the dwelling creates a much lesser impact to the top of the bluff. Three letters with concerns were received from neighbors. The ZBA requested comments from the Town Trustees and in a memo dated March 7,2016 the Trustees stated;the wetland code setback for swimming pools under Chapter 275 is 50' from a bluff, additionally they would request a modification to place the pool closer to the home either by minimizing the pool deck or the pool itself. On February 26, 2016 the ZBA received comments from Suffolk County Soil and Water, they suggested several mitigating measures to reduce erosion to the bluff which will be added as conditions. FINDINGS OF FACT!REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on March 3,2016 and April 7,2016 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the relief as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In-ground swimming pools are common accessories in this neighborhood. Several homes have in-ground swimming pools close to their home in the rear yard and side yard. The Zoning Board has granted variances to homes along this bluff at the farthest distance practicable.The relief as amended is in keeping with prior bluff setbacks granted in this neighborhood. 2. Town Law 4267-b(3)(b)(2).The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant could construct the pool in the westerly side yard,which would require an additional side yard variance. However,the placement of the swimming pool would require a variance in almost any location proposed on this property due mostly to the proximity of the house to the top of bluff_ 3. Town Law 4267-b(3)(b)(3)_ The variance(s) granted herein is mathematically substantial, representing 52% relief from the code. However, the board finds that placing the swimming pool in the side yard reduces impact on the bluff and the applicant has no room for the swimming pool in the front yard. The bluff setback of 48 feet is substantial, representing 100% relief for the side yard location. However, the entire house is within the 100 foot setback and any addition to the rear or side of the dwelling will require a variance. `l Page 3-May 19,2016 ,ZBAFile#6927—Alexandrou SCIM#1000-33-1-11 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and both agencies have indicated that the bluff is stable; however the recommendations by these agencies must be followed.The mitigation factors imposed by the conditions herein have reduced the environmental impact. The side yard location of the swimming pool is more environmentally sound then placing the pool in the rear yard,which is closer to the top of the bluff. S. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law 6267-b. Grant of the relief as amended is the minimum action necessay and adequate to enable the applicant to enjoy the benefit of a in-ground cement swimming pool at 48 feet from the top of the bluff while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Chairperson Weisman, seconded by Member Goehringer, and duly carried,to DENY,the variance as applied for,and to GRANT,the relief as amended,subject to receipt of a professionally stamped survey showing a 48 foot minimum setback from the top of the bluff for the proposed in-ground pool,located in the westerly side yard with a minimum side yard setback of 10 feet. Subject to the following conditions; CONDITIONS: 1.A silt fence shall be installed during construction just landward of the non-turf buffer area. 2. All equipment to be use in constructing the pool shall be small rubber tired equipment, 3. A dry well shall be established in the western side yard,large enough to accommodate the majority of the pool water. At no time will water be pumped over the bluff. 4.Pool mechanicals shall be placed in a sound deadening enclosure 5. The water hose at the top of the bluff mentioned by Soil and Water Tec.shall be removed and no fresh water shall be permitted over the bluff. - 6.All soil created by pool excavation shall be removed from the property,no excess material shall be used between the home and the bluff. 7. The applicant and his agent must adopt all recommendations by both the LIArRP Coordinator,the Evaluation by S.C.Soil and Water Tec.as well as specific recommendations from the Southold Town Trustees. That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permi4 and may require a new application and public hearing before the Zoning Board ofAppeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning"Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page i-Maq 19,2016 ZBA F116 NtUl—Alexandmu 'SCTM#1000-33-1-11 The Board reserves the right to substitute a similar design that is de Ininimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted Board of Appeals shall become null and void where a Certificate of Occupancy has not been by the procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request'prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). f Leslie Kanes Weisman,Chairperson Approved for filing _-raj /2016 #0002159300 r 6,1t STATE OF NEW YORK) o 1 1:7"V9 )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 01/11/2018 Principal Clerk Sworn to before me this day of RIS A VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commissien Expires February 28,2020 r r TYPESET. Wed Jan 03 15 36.37 EST 2018 Cutchogue,NY.SCTM#1000-111-9-4.2. LEGAL NOTICE 11:15 A.M. - PETER AND ELAINE SOUTHOLD TOWN ZONING PSYLLOS#7124-Request for a Variance BOARD OF APPEALS under Article XXH,Section 280-116 and THURSDAY,JANUARY 18,2018 the Building Inspector's August 31,2017 PUBLIC HEARINGS Notice of Disapproval based on an applica- NOTICE IS HEREBY GIVEN,pursuant to tion for a permit to construct an accessory Section 267 of the Town Law and Town Code in-ground swimming pool, at: 1)located Chapter 280(Zoning),Town of Southold,the less than the code required 100 feet from following public hearings will be held by the the top of the bluff;located at:2886 Ruth SOUTHOLD TOWN ZONING BOARD OF Road Ext.,(Adj.to the Long Island Sound) APPEALS at the Town Hall, 53095 Main Mattituck,SCTM#1000-105-2-1. Road,P0. Box 1179, Southold,New York 1:00 P.M. - 860 BAYVIEW DRIVE, 11971-0959, on THURSDAY, JANUARY LLC,#7125-Request for Variances under 18,2018. Article III,Section 280-15 and the Building 9:45 A.M. - BERNADETTE Inspector's October 10, 2017, Amended STRACHAN,THE ESTATE OF STUART October 27, 2017 Notice of Disapproval STRACHAN AND KENNETH based on an application for a permit to STRACHAN,JR. #7078 - Request for a construct an accessory outdoor kitchen Variance under Article III,Section 280-14 and an accessory swimming pool; at: 1) and the Building Inspector's March 24, Accessory outdoor kitchen located less 2017,amended November 30,2017 Notice than the code required minimum front of Disapproval based on a proposed sub- yard setback of 40 feet,2)Accessory swim- division application to legalize two unrec- ming pool located in other than the code ognized non-conforming lots; at: 1) pro- required rear yard;located at: 860 Bay- -posed residential lots having less than the view Drive, (Adj. to Spring Pond) East required 200,000 sq.ft.in area;2)proposed Marion,NY SCTM#1000-37-5-10.1. lot having less than the required minimum The Board of Appeals will hear all persons lot depth of 400 feet at:310 Narrow River or their representatives,desiring to be heard at Road,(Adj.to Orient Harbor)Orient,NY. each hearing,and/or desiring to submit writ- SCTM#1000.27-4-9.4&1000-27-4-9.5. ten statements before the conclusion of each 10:00 A.M. - HARRY AND hearing. Each hearing will not start earlier ELIZABETH DISIMONE #7121 — Re- than designated above.Files are available for quest for a Variance from Article IH Sec- review during regular business hours and tion 280.13C(2)(b) and the Building In- prior to the day of the hearing.If you have spector's August 21, 2017 Notice of questions,please contact our office at,(631) Disapproval based on an application for 765-1809, or by email: KimF@ building permit to convert an"as built" southoldtownny.gov second dwelling unit in a pre-existing ac- Dated:January 4,2018 cessory garage into an accessory pool ZONING BOARD OF house with an"as built"second floor home APPEALS office,at:1)a home otfrce in an accessory LESLIE K A N E S W E I S M A N, building is not permitted,located at:1100 CHAIRPERSON Youngs Road, Orient, NY. SCTM#1000- BY:Kim E.Fuentes 18-2-11.1. 54375 Main Road(Office Location) 10:15 A.M. - KATHRYN FARRAND 53095 Main Road(Mailing/USPS) #7122—Request for Variances from Article PO.Box 1179 IIl, Section 280-15; Article IV Section Southold, NY 280.18;and the Building Inspector's Sep- 11971-0959 tember 19, 2017, Amended October 10, 2159300 2017 Notice of Disapproval based on an application for a building permit to con- struct additions and alterations to an exist- ing single family dwelling and to construct a new accessory garage,at;l)single family dwelling,having two front yards,measures less than the code required minimum front yard setback of 50 feet,2)accessory garage located in other than the code required rear yard; at: 4800 Nassau Point Road, Cutchogue,NY.SCTM#1000-111-8-12.1. 10:45 A.M.-ABIDIN KANDIC#7116— Request for a Variance from Article XXIII Section 280-124 and the Building Inspec- tor's June 30,2017 Notice of Disapproval based on an application for building per- mit to construct a garage addition to an "under construction" single family dwelling,at;1)less than the code required minimum front yard setback of 40 feet, located at:57130 Main Road,Southold NY. SCTM#1000-63-4-5.3. 11:00 A.M. - DAVID HERMER AND SILVIA CAMPO #7117 —Request for a Variance from Article XXII Section 280-116 and the Building Inspector's Au- gust 7,2017 Notice of Disapproval based on an application for building permit to con- struct additions and alterations to an exist- ing single family dwelling, at: 1)located less than the code required 100 feet from the top of the bluff,located at:3675 Nassau Point Road (Adj. to Little Peconic Bay), #0002159300 STATE OF NEW YORK) v v 122`12 )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 01/11/2018 Principal Clerk (b Sworn to before me this ��-(� day of UMSA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commwsien Expires February 28,2020 n TOWN OF SOUTHOLD � ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SUFFOLK ENVIRONMENTAL CONSULTING,INC. SCTM Parcel# 1000- 1. BOX 2003 BRIDGEHAMPTON,NY 11932-2003 COUNTY OF SUFFOLK STATE OF NEW YORK £OOZ-Z£G 11• AN`NO1dWdH3J®IH9 I' residing at CON X09 WONI�9NIllnSN00ld1N3WN0ItlAN3�ilQ33f1S�2"� � ' � . ' New York, being duly sworn, deposes and says that: On the `3fkday of/0CyZc /' 9�, 20t � I_personally mailed at the United States Post Office inZM>iGt(-f lrlvgr/V/,/ ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrothe ap licantproperty. (Signature) Sworn to before me this lam` day of , 20/7 h4althew D. Ivans Nolary Public of New York otary Public) No G1;VGC5 ii°59 Com Goij pssioncin ExpireslJanuaryn22, 20 f( PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. 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BOX 2003 S w1 residing at BHIDGEHAMPTON,NY 11932-2003 New York,being duly sworn, depose and say that: On the 13L day of V%A-- , 201 '7, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance) —facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be I -• o ?�1 (Signature) Sworn to before me this ZM) Day of 'T�N VA5 , 201 g M,tthpW D h/. (Notary Public) ot'ry Pub 'c of �'ew York QuahfiPd ii QCIJI, County Commissrori ExpitelL '1 LO a zz, 201q * near the entrance or driveway entrance of my property, a the area most visible to passerby. I� I � COMPLETECOMPLETE DELIVERY ■ Complete items 1,2,and 3. A. 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Date of D ve ; D � ' or on the front if space permits. �p �( 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes T If YES,enter delivery address below: ❑No I Z26-7 �o„lig. 'Rana., II I IIIIII IIII III I II II II II I IIIIII I II II I I I I II III 3. 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Box 2003,Bridgehampton New York 11932-2003 7016 1,370 0000 690.3 2250 CO Prithpal Kandhari N?5,,,,'�,P ea 9 S •�4, N o W Z� (o�► 7 1623 Third Ave A � �,�f�/�a ,� New YorkNY 101 b ° h H��hrycCD ' Z� D / \ �• 1 k > PO 15"9 11%y�, 41 a o o m last. 99SI _ - -- _�'3.�c�3 TOWN OF SOUTROLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING 7�3 !T�-�c-.: (n (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as _ SCTM Parcel 9I0.00- COUNTY OF SUFFOLK) STATE OF NEW YORK) v� �� residing-at New York, being duly sworn, depose and say that: On the aaiL day Lrw• , 201, , I personally placed the Town's- Official own'sOfficial Poster, with the date of Bearing and"nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained•in place for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be /—/8-119 (Signature) Swots to before me this �Ot-"Day of Tav)uar , 2018 TRACEY L. DWYER 0� NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 WcGry Public) QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2jQLb near the entrance or driveway entrance of my property, as the area most visible to passerby. C NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA IONpwtL Division of Environmental Permits Region 1 SUNY.d Stony Brook,50 Circle Road Stony Brook NY 11790 P (631)444-0365 1 F:(631)444-0360 wwk,i d ec ny gov D D LETTER OF NO-JURISDICTION JAN 2 18 November 10, 2017 Peter and Elaine Psyllos Re: Application ID 1-4738-04572/00001 213-35 4011 Avenue 2886 Ruth Road Extension Bayside NY 11361 Mattituck SCTM # 1000-105-2-1 ARNO-DEP Dear Applicants. Based on the Information your agent submitted, the New York State Department of Environmental Conservation (DEC) has made the following determinations The portion of the property landward of the "Top of Bluff' in excess of 10 feet in elevation, as shown on the survey prepared by Michael K. Wicks last revised on 7/3/17, is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required for work occurring at the property landward of the jurisdictional boundary Indicated above. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the jurisdictional boundary without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within the DEC's jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area (i.e. a 15' to 20'wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relia nsibility of obtaining any necessary permits or approvals from other agencies. inis rator JAW/m rp CC Suffolk Environmental Consulting, Inc Marine Habitat Protection - File NEW YORK Department of STAR Of oeou,unirr Environmental Conservation BOARD MEMBERS OF SCUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp .,-395 Main Road•P.O.Box 1179 l0 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer •�c`O �0 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��CaT`l ,` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD - ' Tel.(631)765-1809•Fax(631)765-9064 P 4 MEMO TO: ENGINEERING ' FROM: Leslie K. Weisman, ZBA Chairperson i DATE: January 12, 2018 SUBJECT: Request for Comments - ZBA #7124, Psylos 2886 Ruth Road Extension, Mattituck SCTM No. 1000-105-2-1 Hi Jamie, Apologies for this last minute request. I just noticed that improvements to the property located on Ruth Road Extension — Right of Way, may need to be reviewed by your department. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF DIST SURVEY/SITE SURVEY/SITE PLAN PLAN Psylos 1000- 7124 January Art. XXII Sec. Revised July Michael K. 105-2-1 18, 2018 280-116 3, 2017 Wicks, LS. Please comment on the attached at your earliest convenience. Thank you. Encls. rluTli, E UF HEARli4G The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: . 'AME : PSYLLOS , PETER # 7124 CTM # : 1000- 105 -2 - 1 VARIANCE : BLUF .F SETBACK FiEQUESTEE IN -GROUND SWIMMING POOL DATE : THURS . , JAN . 18 , 2018 11 : 15AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS ®f soSouthold Town Hall Leslie Kanes Weisman,Chairperson �`� ��® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer .�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 4, 2018 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 4, 2018: 11:15 A.M. - PETER AND ELAINE PSYLLOS #7124 - Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's August 31, 2017 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at: 1) located less than the code required 100 feet from the top of the bluff; located at: 2886 Ruth Road Ext., (Adj. to the Long Island Sound) Mattituck, SCTM#1000-105-2-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: December 21, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #0002155250 I i 1 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 12/28/2017 Cvtc.Y-- Principal Clerk Sworn to before me this day ofICA'A i ' C INA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My COMM15110h E*Plres February 28,2020 TYPESET- Mon Dec 18 16.27:45 EST 2017 11:15 A.M. - PETER AND ELAINE LEGAL NOTICE PSYLLOS#7124-Request for a Variance SOUTHOLD TOWN ZONING BOARD under Article XXII,Section 280-116 and OF APPEALS the Building Inspector's August 31,2017 THURSDAY,JANUARY 4,2018 Notice of Disapproval based on an applica- PUBLIC HEARINGS tion for a permit to construct an accessory NOTICE IS HEREBY GIVEN,pursuant to in-ground swimming pool,at: 1) located Section 267 of the Town Law and Town Code less than the code required 100 feet from Chapter 280(Zoning),Town of Southold,the the top of the bluff;located at:2886 Ruth following public hearings will be held by the Road Ext.,(Adj.to the Long Island Sound) SOUTHOLD TOWN ZONING BOARD OF Mattituck,SCTM#1000-105-2-1. APPEALS at the Town Hall, 53095 Main 1:00 P.M.-860 BAYVIEW DRIVE,LLC, Road,P.O. Box 1179,Southold,New York #7125-Request for Variances under Arti- 11971-0959,on THURSDAY,JANUARY 4, cle III, Section 280-15 and the Building 2018. Inspector's October 10, 2017, Amended 9:45 A.M.-BERNADETTE STRACHAN October 27, 2017 Notice of Disapproval THE ESTATE OF STUART STRACHAN based on an application for a permit to AND KENNETH STRACHAN,JR.#7078 construct an accessory outdoor kitchen -Request for a Variance under Article III, and an accessory swimming pool; at: 1) Section 280-14 and the Building Inspec- Accessory outdoor kitchen located less tor's March 24,2017,amended November than the code required minimum front 30,2017 Notice of Disapproval based on a yard setback of 40 feet,2)Accessory swim- proposed subdivision application to legal- ming pool located in other than the code ize two unrecognized non-conforming lots; required rear yard; located at: 860 Bay- at:1)proposed residential lots having less view Drive, (Adj. to Spring Pond) East than the required 200,000 sq.ft.in area;2) Marion,NY SCTM#1000-37-5-10.1. proposed lot having less than the required The Board of Appeals will hear all persons or minimum lot depth of 400 feet at:310 Nar- their representatives,desiring to be heard at row River Road,(Adj.to Orient Harbor) each hearing,and/or desiring to submit writ- Orient, NY. SCTM#1000-27-4-9.4 & ten statements before the conclusion of each 1000-27-4-9.5. hearing Each hearing will not start earlier 10:00 A.M -HARRY AND ELIZABETH than designated above.Files are available for DISIMONE#7121—Request for a Vari- review during regular business hours and ancefrom ArticleIH Section 280-13C(2)(b) prior to the day of the hearing. If you have and the Building Inspector's August 21, questions,please contact our office at,(631) 2017 Notice of Disapproval based on an 765-1809, or by email: KimF@ application for building permit to convert southoldtownny gov an "as built" second dwelling unit in a Dated-December 21,2017 pre-existing accessory garage into an ac- ZONING BOARD OF cessory pool house with an"as built"sec- APPEALS and floor home office,at:1)a home office LESLIE K A N E S W E I S M A N, in an accessory building is not permitted, CHAIRPERSON located at:1100 Youngs Road,Orient,NY. BY Kim E.Fuentes SCTM#1000-18-2-11.1. 54375 Main Road(Office Location) 10:15 A.M. - KATHRYN FARRAND 53095 Main Road(Mailing/USPS) #7122—Request for Variances from Article P.O.Box 1179 III, Section 280-15; Article IV Section Southold, NY 280-18;and the Building Inspector's Sep- 11971-0959 tember 19, 2017, Amended October 10, 2155250 2017 Notice of Disapproval based on an application for a building permit to con- struct additions and alterations to an exist- ing single family dwelling and to construct a new accessory garage,at;1)single family dwelling,having two front yards,measures less than the code required minimum front yard setback of 50 feet,2)accessory garage located in other than the code required rear yard; at: 4800 Nassau Point Road, Cutchogue,NY.SCTM#1000-111-8-12.1. 10:45 A.M. - ABIDIN KANDIC #7116— Request for a Variance from Article XXIH Section 280-124 and the Building Inspec- tor's June 30,2017 Notice of Disapproval based on an application for building per- mit to construct a garage addition to an "under construction" single family dwelling,at;1)less than the code required minimum front yard setback of 40 feet, located at:57130 Main Road,Southold NY. SCTM#1000-63-4-5.3. 11:00 A.M.-DAVID HERMER AND SIL- VIA CAMPO#7117—Request for a Vari- ance from Article XXII Section 280-116 and the Building Inspector's August 7, 2017 Notice of Disapproval based on an application for building permit to con- struct additions and alterations to an exist- ing single family dwelling,at: 1)located less than the code required 100 feet from the top of the bluff,located at:3675 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue,NY.SCTM#1000-111-9-4.2. i ZONING BOARD OF,APPEALS ` MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hq://southtown.northfork.net December 11, 2017 Re : Town Code Chapter 55 -Public Notices for Thursday, January 4 , 2018 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before December 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than December 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 27th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 2, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i4u' Tii,. E UF HEr� Ri �+IG "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : PSYLLOS , PETER # 7124 SCTM # : 1 000- 1 05-2- 1 L 'ARIANCE: BLUFF SETBACK F-EQUESTNE IN - GROUND SWIMMING POOL LATE : THURS . , JAN . 49 20 'l� 11 : 15 AM If you are interested in this project, you may review the file(s) prior to the ` earing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �Oy�OF $o(/rg,OlO 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporass Office Location: Eric Dantes CAN Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 ® ��� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'COf'J �� Southold,NY 11971 http://southoldtownny.gov ZONINGTOWN OF ODUTHOLD LS D E C E V E Tel.(631)765-1809•Fax(631)765-9064 OCT 2 2017 October 26, 2017 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7124 PSYLLOS, Peter Dear Mark: We have received an application to construct an in-ground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp B y. BOARD MEMBERS ®F SO J Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 Patricia Acamporaa Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringery ® y� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'CDU .''' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 October 26, 2017 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 7124 PSYLLOS, Peter (1000-105-2-1) Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. I BOARD MEMBERS ®F SO(/ Southold Town Hall Leslie Kanes Weisman,Chairperson �� j�'p 53095 Main Road-P.O.Box 1179 h® l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® ao 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUT14OLD Tel.(631)765-1809-Fax (631)765-9064 October 26, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7124 Owner/Applicant : PSYLLOS, Peter Action Requested: Construct an in-ground swimming pool. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch ' person By: Encls. PSYLLOS � . E61' • -- ::. Ruth Road Extension - Mattituck-New Yoikt ......v. 111 1 1 11 >v BOTTOM —of BLUFF ......................................._... .. .......................... ........... 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NE (EL 15) (Appy + _— —— Limit o t _ E T S` 1 ' t i COASTAL EROSION HAZARD LINE 235.0' ± ---- -- (Approximate) ----------------- - - - ----------------- --- - . t ----------------------------- 225.0' ± .j / / / . 60.3' / is Y 21 ♦ - ---�- ---------------------- �,� � ,,� ,••-'fir, ri Y� PSYLLOSa:§= SUFFOLKProperty P.O. Box 2003 . . .1 - �, _ G ISLAND LAND SOUND LUN (DEED) S M60'34'00"E 150.68 (D SITUATE MATTITUCK Y) 59° TOWN OF SOUTHOLD rn 151-s4 (A� SUFFOLK COUNTY, N.Y. to N5VO5'S8"E wul Noi WATER -� SURVEYED: DEC. 20, 2014 5g0 W UPDATED: MAR. 20, 2017 q CONTOURS/PROP. INFO: JULY 3, 2017 A N q V obi A - �` r r RECEIVED r r h `�° gDtto111 of BL1r r r r QC I L I I c d cc to r r r r ZONING BOARD OF APPEALS COASTN- �OS10N ��R�uNE r r r r r r r r LOT COVERAGE INFO: LOT AREA =103,956.94 SQ.FT. (2.387 ACRE(S)) N �q AREA OF BEACH= 9,110 SQ.FT. N AREA OF BLUFF= 30,610 SQ.FT. W o TOTAL AREA= 39,720 SQ.FT. (38.2% OF LOT) TOP OF BLUFF �C C, \o AREA OF UPLAND= 64,236.94 (61.8% OF LOT) EXISTING RESIDENCE= 3,765 SQ.FT. p PROPOSED POOL= 640 SQ.FT. qm `SLE \ po PROPOSED LOT COVERAGE OF UPLAND AREA= 4,405 SQ.FT. (6.8%) smnlarraqB \� N uCOMM D� �aq NOTES: 1. PROPERTY KNOWN AS TAX MAP# 1000-105-02-001 L? o N Pip 4•FT110E 70 �G �? 2. LOT AREA =103,956.94 SQ.FT. (2.387 ACRE(S)) \ � 8 / _4 3. THIS SURVEY WAS PREPARED USING A TRIMBLE p 2S3 ROBOTIC TOTAL STATION. PROPOSED PATK1 , 4. PROPERTY CORNER MONUMENTS WERE NOT SET AS W p PART OF THIS SURVEY. 5. ELEVATIONS REFER TO THE NAVD88 DATUM. 0 2r 6. PLAYGROUND NOT SHOWN OR GUARANTEED. 2Ox4O IN co Z - GROUND {5 � POOL q V WASPM F i DRYWELL 4 " \ [,j a Q DESCMNG s g �359� ,� A} co w 0014 ACTION MNCMNE � 11.2 a WOOD DECK 4' WD.N1 2'R 0 56.3 -2ND CK j ST Wvv. WOOD ? L.P.r� Oi p lV l 11 FE1'10E w = A'r'' a AWING a 3 _vc 0.3 WALL 2.0 2 Story. 'z c ABED. Z Fr. Res. � m 0 #2886 A}A. 5' .44'DEEP F.FL.-141.64' " O SEPDC TANK VEMw b z9 8'/x12'DEEP .1 ` LEACHING POOL �'yc 2 CAR 14IO . D, GARAGE UI G.F. 132 23 cml '�- 31.7 52.1' 2 R/0 1 \ NNRC DECK OVER WALLS CDNC;}� N STANDARD NOTES: a 1. COPYRIGHT 2012 MICHAEL K. WICKS LAND SURVEYING 2. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A m *57 LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, o SUB-DIVISION 2, OF NEW YORK STATE EDUCATION LAW. ri 3. ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYORS EMBOSSED SEAL A, ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYORS ORIGINAL w WS' WORK AND OPINION, ON W W 4. CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF M PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE N ASSOCIATION OF PROFESSIONAL LAND SURVEYORS, INC THE CERTIFICATION IS m ,t 39.8' LIMITED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP IS PREPARED, Q TO THE TITLE COMPANY, TO THE GOVERNMENTAL AGENCY, AND TO THE 18• LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP. PIS 5. THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE. O 6. THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE CULVEgr NOT ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED. IF ANY UNDERGROUND 0 w WELL IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN, THE o o Olfl WELL IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. h W T ro 7.THE OFFSET (OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE �1juX� w ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES, RETAINING WALLS, "4 POOLS, PATIOS PLANTING AREAS, ADDITIONS TO BUILDINGS, AND ANY OTHER N TYPE OF CONSTRUCTION. ,N.. w -CONSIRUCHON MACHINE ACCESS m 'w W b COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED w OREMBOSSED SEAL SHALL NOT BECONSIDERED TO BE A VALID COPY. N S66.01'50" , OFEy/ 50.00 �EfL K. Y� 0 BWK z- C3 co L Plum "-* UM 00 fj Y 2 i T PAVEYEM j 6'7.68 l� Og T 'FIDN FIND.. / S66.01'50"W 100.00LAAIU MICH EL K. WICKS, P.L S. #50390 z LAND N/F OF JANE C. SHANNON � MICHAEL K W IcKscq [}� ❑PUYt�toln+D RESIDENCE W/ WELL �I S.C.T.M.# 1000-106-01-1.12 L 50.16 LAND SURVEYING t E 200 BELLE VIEW AVENUE, RUTH RD. CENTER MORICHES, NEW YORK 11934 0 VOICE. 631.874.0156 - FAX: 631.909.3845 W (50')') RECORDS OF RICHARD C. DRAKE (� SCALE: SURVEYED BY: DRAWN BY: SHEET: w 1"=40' B.W./J.W. W.C. 1 OF 1 0 BOARD MEMBERS O� so 53095 Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUNT`I Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 6,2018 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 Re: ZBA File# 7124 Psyllos, 2867 Ruth Road Extension, Mattituck SCTM No. 1000-105-2-1 Dear Mr.Anderson; Transmitted for your records is a copy of the Board's February 1,2018 Findings,Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please call the office. Sincere y, im E.Fuentes Board Assistant Encl. cc: Building Department N310482 Pew 1 UZI-- 0 10 I'D 0F, 1� is lflb-1- OJ O i � ®f 5 S 54A(c) � 4 4- G / 22 31 6 2A(c) / % V / LU g/ s z SG j' 63 I J 1 60 6A I g ZZ' 32 6A(c) I O - z N IN I FOR PCL NO FOR PCL NO FOR PCL NO SEE SEC NO SEE SEC NO V' SEE SEC NO Q' , 112-01-017 11201-018 _ 112-01-020 '•a __ N306682 Z�- __ �_—___ —__—_ __—_— �__ MATCH UNE SEE SEC NO 112 SEE SEC NO 112 NOTICE COUNTY OF SUFFOLK © K TOWN OF SOUTHOLD SECTION NO .a WINO MAINTENANCE.ALTERATION,SALE OR yr E 130 g� Real Property Tax Service Agency Y ,D6 Y AGE OF 105 'AVT pISTRIBUTION OFANY PORTION OF THE County Center Riverhead,N Y 11901 -15E SUFFOLK COUNTY TAX MAP IS PROHIBITED � ' M 105 WITHOUT WRITTEN PERMISSION OF THE 200 0 SGLE M FEET QO A 1ETwTER 'SS P DISTRICT NO 1000 PROPERTY MAP REAL PROPERTY TA%SERVICE AGENCY 112 11 CONVERSION GATE Apr 01,2011